Lightfoot Partners Terry McCarthy and Brooke Malcom Publish Article on State’s Daubert Amendment in The Alabama Lawyer

BIRMINGHAM, Ala. (August 3, 2018) — Lightfoot, Franklin & White LLC partners Terry McCarthy and  Brooke Garner Malcom recently authored an article for The Alabama Lawyer, a publication of the Alabama State Bar.

The article, titled “Alabama’s Daubert Amendment: An Overview of the Current State of the Law and Resources for the Practitioner,” appeared in the publication’s July 2018 issue. The article addresses the current status of the Daubert amendment based on two major court decisions and outlines practical considerations for Alabama attorneys.

“The Daubert amendment was on the books for more than five years before any substantive Alabama appellate decisions were issued on the amendment,” write McCarthy and Malcom, citing Payne v. State and Mazda Motor Corp. v. Hurst. “Because most cases are resolved before they reach the appellate stage, these two appellate decisions are just the tip of the Daubert amendment iceberg.”

McCarthy (along with Charles Gamble and Robert Goodwin) is coauthor of the Third Edition of Gamble’s Alabama Rules of Evidence and the forthcoming Seventh Edition of McElroy’s Alabama Evidence. He serves on the advisory committee for the Alabama Rules of Evidence and has taught evidence courses at Cumberland School of Law, the University of Alabama School of Law and Birmingham School of Law.

Malcom defends clients in cases involving personal injury and products liability, as well as complex environmental and toxic tort matters. She also serves on the Board of Directors of the Birmingham Bar Association’s Volunteer Lawyers Program.

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Terrence W. McCarthy Thumbnail Terrence W. McCarthy